Section 84A Opt-out information noticesF1

(1)

A trade union must give an opt-out information notice to each member of the union—

(a)

within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under F2section 72C (trade union without a branch or section in Northern Ireland: passing and effect of political resolution) or section 73 F3(trade union with a branch or section in Northern Ireland: passing and effect of political resolution), and

(b)

within the period of eight weeks beginning with the end of—

(i)

the period of ten years beginning with the day on which a political resolution is passed, and

(ii)

each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2)

An “opt-out information notice” is a notice stating that—

(a)

each member of the union has the right not to be a contributor to the political fund of the union, and

(b)

a member may exercise that right by giving an opt-out notice under section 84.

(3)

An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4)

In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5)

As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a)

the opt-out information notice, or

(b)

if there is more than one form of opt-out information notice, each form of notice.

(6)

A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7)

Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8)

Before deciding the matter the Certification Officer—

(a)

may make such enquiries as the Officer thinks fit;

(b)

must give the union and the member making the complaint an opportunity to make written representations;

(c)

may give the union and the member making the complaint an opportunity to make oral representations.

(9)

An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.

Annotations

Textual amendments

F1: S. 84A substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 62(3), 159(2)(b) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 paras. 2-4)
F2: Words in s. 84A(1)(a) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 4(7)(a) (with art. 10)
F3: Words in s. 84A(1)(a) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 4(7)(b) (with art. 10)